United States v. Rosenzweig

JOHNSON, District Judge.

The defendant has moved to quash the indictment which charges him with violating a regulation of the Commissioner of Internal Revenue by selling bay rum to certain persbns, “ * * * well knowing that it was the intention of the purchaser to procure the same for beverage purposes.” In support of his motion, defendant alleges the following reasons: first, no statutory authority exists which declares the act prohibited by the regulation to be a criminal offense; second, the regulation constitutes an improper- delegation of legislative power; third, the indictment is so…